Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 28, 2012, the Defendant presented to the victim B the name of the “C Gyeonggi Seoul branch office” and the contract for new construction of a factory between the said C and the Dispute Settlement Co., Ltd. in the Seocho-gu Seoul Metropolitan Government, and falsely stated that “If the Defendant borrowed KRW 50 million, he/she will transfer the said construction, and the money will be repaid within three months.”
However, in fact, the contract for the above contract that the defendant proposed to the victim was a false contract prepared by the defendant at will, and the defendant did not have the intent or ability to transfer the new construction work to the victim because it did not receive the contract for the new construction work of the Dispute Resolution Co., Ltd., and the defendant did not have any intent or ability to pay the new construction work even if he borrowed the money from the
Nevertheless, the Defendant is acting as an executive officer of C, as if the said new construction was ordered by the Defendant, and deceiving the victim as above, and received 4 million won in cash from the injured party on the same day, and on the same day, received 10 million won in cash from the bank account (G) account in the name of Limited PartnershipF, and 10 million won in the same year.
3. 8. H 2 million won at the new bank account (I) with H, and the same year;
3. 13. The above H’s account in the name of the H, two million won, and the same year.
3. 21. The above H’s account was remitted to KRW 24 million and the total amount of KRW 42 million was acquired.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Details of deposit transactions and copies of business registration certificates;
1. Written Statement;
1. A report on investigation (a witness H telephone call);
1. Investigation report (data submitted on behalf of the complainant);
1. Investigation report (a summary order and attachment of the judgment with the suspect's previous records);
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of F References for Closure);
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant's reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation recognizes the crime.